Legal Opinion

Wicker v. Consolidated Rail Corp.

Court of Appeals for the Third Circuit

Decided April 29, 1998No. 97-3034 to 97-3038UnknownCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether § 5 of the Federal Employers’ Liability Act 1 voids a general release of claims given as part of a negotiated settlement.

I

A

Plaintiffs Edward Wicker, Sr., Samuel Weaver, Thomas Kleiner, John McKee and John Kaltenbrunner are all former employees of defendant Consolidated Railroad Corporation who were injured during the course of their employment. Each plaintiff negotiated a settlement of claims with Conrail and executed a release. While the releases were not identical, each appeared to settle all claims for all injuries…

2Cases cited20 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
  3. Second Employers'liability CasesSupreme Court of the United States · 1912
  4. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  5. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912

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3Cited by2 opinions

  1. Wicker v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1998
  2. Delores Blackmon v. Illinois Central Railroad CompanyCourt of Appeals of Tennessee · 2014

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